USPTO Patents Application 09840982

United States Patent and Trademark Office

UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Address: COMMISSIONER FOR PATENTS
P.O. Box 1450

Alexandria, Virginia 22313-1450
www.uspto.gov

APPLICATION NO.

FILING DATE

FIRST NAMED INVENTOR

ATTORNEY DOCKET NO.

CONFIRMATION NO.

09/840,982

04/25/2001

Gerd Hugo

24580

5343

20529

7590

09/27/2006

NATH & ASSOCIATES
112 South West Street
Alexandria, VA 22314

EXAMINER

BRUNSMAN, DAVID M

ART UNIT

PAPER NUMBER

1755

DATE MAILED: 09/27/2006

Please find below and/or attached an Office communication concerning this application or proceeding.

PTO-90C (Rev. 10/03)

UNITED STATES DEPARTMENT OF COMMERCE
U.S. Patent and Trademark Office

Address: COMMISSIONER FOR PATENTS
P.O. Box 1450

Alexandria, Virginia 22313-1450

APPLICATION NO./

FILING DATE

FIRST NAMED INVENTOR/

ATTORNEY DOCKET NO.

CONTROL NO.

PATENT IN REEXAMINATION

EXAMINER

ART UNIT

PAPER

20060921

DATE MAILED:

Please find below and/or attached an Office communication concerning this application or
proceeding.

Commissioner for Patents

See attached.

Primary Examiner
Art Unit: 1755

PTO-90C (Rev.04-03)

Application/Control Number: 09/840,982 Page 2

Art Unit: 1755

This action is supplemental to that mailed 29 August 2006. Subsequent to the telephone
interview with applicant's representative, this action is intended to further illuminate the reasons for
holding the reply filed 18 May 2006 non-responsive.

The reply filed on 18 May 2006 is not fully responsive to the prior Office Action
because of the following omission(s) or matter(s): There is no antecedent basis in the application as
originally filed for "acrylates" in the plural form. The original specification sets forth lists of resins that
may be used as the binder (see, for example, page 4, paragraph "a)", which includes a species
"acrylate" as well as other acrylate derivatives such as methacrylate and polyisopropyl acrylate. The
original specification includes neither a single distinct material named "acrylates" nor, identifies
members of a class named "acrylates". Further, the requirement for election of species requires that
the election designate w a single distinct material or compound". A plural term, acrylates, would
appear to fall outside that requirement on its face. Further, there is no antecedent basis for
"disodium-5-amino-4-hydroxy-3(phenylazo)napthalene-2,7-disulfonate". A proper election of species
must select from those disclosed in the original application. See 37 CFR 1.111. Since the above-
mentioned reply appears to be bona fide, applicant is given ONE (1) MONTH or THIRTY (30) DAYS
from the mailing date of this notice, whichever is longer, within which to supply the omission or
correction in order to avoid abandonment. EXTENSIONS OF THIS TIME PERIOD MAY BE GRANTED
UNDER 37 CFR 1.136(a).

Any inquiry concerning this communication or earlier communications from the examiner
should be directed to David M. Brunsman whose telephone number is 571-272-1365. The examiner
can normally be reached on M, Th, F, Sa; 7:00-5:30.

If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor,
Jerry Lorengo can be reached on 571-272-1362. The fax phone number for the organization where
this application or proceeding is assigned is 571-273-8300.

Application/Control Number: 09/840,982

Page 3

Art Unit: 1755

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786-9199 (IN USA OR CANADA) or 571-272-1000.

David M Brunsman
Primary Examiner
Art Unit 1755

DMB